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Dane Wilcox had come to Boston for two reasons: hot sauce and Dota 2. Getting into a months-long courtroom fight with the world's largest startup was never in the plan.

The former IT consultant had become a hot-sauce entrepreneur in 2014, after a surprisingly successful Kickstarter campaign to launch his brand, "FYM Hot Sauce." He picked a quirky method of advertising that suited his own interests: Wilcox sponsored a team that played a popular video game, Dota 2. Wilcox played the game himself and had tired of seeing ads for gambling websites. So looking for a different and fun way to promote his product, he got a team on board and became its flagship sponsor.

After a long flight from his home in Portland, Oregon, Wilcox landed in Boston on December 5, 2016. He was looking forward to getting straight to the Airbnb he'd rented and getting some rest. But then he made a fateful decision—to use the Uber app to get a ride from the airport. It was the first Uber ride he'd ever taken.

Wilcox had two big suitcases as checked baggage filled entirely with hot sauce—more than 100 pounds of it. All of his personal effects—including his laptop, clothes, an extra cell phone, and blood pressure medication—were in his backpack. The Uber car was squeezed into the narrow Boston street between other cars, and Wilcox had to shimmy out. So he hauled out just the suitcases, telling the driver he'd be back in a minute to grab the backpack. But when he reached the curb, the Uber car immediately drove off with his backpack still sitting in the back seat.

"Initially, I just thought it was a mistake," Wilcox said. "I called the Uber support line and told them, 'I have to take my medications daily.'"

Uber gave Wilcox a number to call that would ring the driver's phone through a third-party proxy service. Wilcox waited a half-hour outside. Then he went inside and unpacked his stuff, continuing to call the driver every half-hour, until about 2:30 in the morning. He got a generic voicemail message and left messages explaining his situation. Ultimately, he got a message that the voice mail box was full. The next morning, he started calling again at 8:00.

At around 1:00pm, Uber called Wilcox and told him the driver didn't have the bag and never saw it.

"They said, 'We're not responsible for that,' and that was the end of it," Wilcox recalls. "I was pretty frustrated when the driver wouldn't respond to me. But when he dodged me but responded to Uber, I thought, 'OK, this guy is intentionally dodging me.'"

At that point, Wilcox went to the police and filed a report. He had the driver's first name, a picture of him from the Uber app, the car's license plate number, and confirmation of his ride details.

Wilcox knew that it was possible that a later passenger, and not his driver, had taken the backpack. But he wanted an answer and not to simply be blown off. Uber wouldn't even tell him if there had been additional rides that night after him, citing "driver privacy." He needed police help to get even that information, so Wilcox filed the report.

He spent the next two days working the Dota 2 tournament and handing out samples of hot sauce, as planned. Meanwhile, he felt like "garbage" without the blood pressure medication he takes daily. By that Thursday, it was time for him to leave town. He had been stonewalled by the driver, blown off by Uber, and the police hadn't done anything. Between his laptop, extra cell phone, FYM swag, and personal effects, he had lost more than $4,000 of stuff.

Wilcox decided the smart move would be to file papers in small claims court before he left town. At this point, he was confident the driver had ripped him off. He had positively hounded the man for a week, leaving dozens of messages, and the driver refused to even respond. So Wilcox went to Boston's small claims court and filed a case asking for $3,900. He flew back to Portland, still confident at that point Uber would hear his plea and help him out.

But Wilcox wasn't going to get his $4,000 from Uber—not without a fight. Instead of compensating Wilcox, the $59 billion company said it wasn't responsible for his backpack. Instead of compensation, Uber was going to give Wilcox a drag-out court fight that would cause him to fly across the country twice.

Wilcox landed in Boston on December 5, 2016. He was looking forward to getting straight to the Airbnb he'd rented and getting some rest. But then he made a fateful decision—to use the Uber app to get a ride from the airport. It was the first Uber ride he'd ever taken.

what is it with these douches who have to use every trendy "sharing economy" app because reasons? some people act like taxis, shuttles, and hotels just up and evaporated overnight.

We don't have Uber where I live and if we did I certainly would never use after the stories that have ran on ArsTechnica and elsewhere about them. I'd walk to my destination first.

I think a couple of things need to happen with companies like Uber and lift. First forced registration as a taxi service (because that is exactly what they are if you ignore the fancy schmancy booking system), second some sort of ticket/fob etc that the customer has and swipes in the car at beginning of the journey and again at the end and the vehicle is unable to drive away from the end point or the journey be considered complete until the second swipe.

The fact that they bothered to show up and was interesting to me, the fact that they fought it with such a nonsense argument is yet another example of the character of the company. He had plenty of proof. Pity he didn't subpoena the driver...that would have made for an interesting cringe moment and might've won the case the first go 'round.

I travel frequently and have learned to force the driver to get out of the car to help me move things - I never alight until he is out of the car. And heavy things, being less portable, are, in a sense, self-protecting.

I often sit in the cab whilst passing my goods out to the side walk. Using a lock and chain is also useful, so the goods on the side walk and chained to those awaiting removal.

Also, let the driver see you making a note of his particulars, including the tag (plate) number.

Fortunately, I live in a city of roving thieves and have learned most of the tricks they employ.

We don't have Uber where I live and if we did I certainly would never use after the stories that have ran on ArsTechnica and elsewhere about them. I'd walk to my destination first.

I think a couple of things need to happen with companies like Uber and lift. First forced registration as a taxi service (because that is exactly what they are if you ignore the fancy schmancy booking system), second some sort of ticket/fob etc that the customer has and swipes in the car at beginning of the journey and again at the end and the vehicle is unable to drive away from the end point or the journey be considered complete until the second swipe.

I think the key fob idea is excellent in theory, and would increase rider safety; unfortunately it will never happen. Uber thrives on keeping costs down, it's why they are always being accused of short-changing their drivers and treating their riders like scum (as in this case). If they can save a single penny by screwing someone over, they won't question it, which is why a key fob device will never happen. They'd have to raise prices or foot the bill themselves.

Yet the police report showed that Uber maintained the ride hadn't even taken place, despite the fact that the police officer had provided the vehicle's license plate number, the driver's name, and the exact time of the ride.

The investigating police officer made multiple visits to the address on record of the vehicle's owner, but no one had answered. Uber, meanwhile, said the driver hadn't worked for them for two years.

so uber communicated with wilcox knowing the ride happened with the driver involved, but told the police none of this ever occured and the driver didn't work for them???

Yet the police report showed that Uber maintained the ride hadn't even taken place, despite the fact that the police officer had provided the vehicle's license plate number, the driver's name, and the exact time of the ride.

The investigating police officer made multiple visits to the address on record of the vehicle's owner, but no one had answered. Uber, meanwhile, said the driver hadn't worked for them for two years.

so uber communicated with wilcox knowing the ride happened with the driver involved, but told the police none of this ever occured and the driver didn't work for them???

Crazy isn't it?

Is Uber based in a jurisdiction other than John Steele of Prenda Law infamy? Makes me think they hired him (unless he can't practice at all in the USA).

I am so tired of reading about Uber treating customers, drivers, and the cities in which they operate with malicious disrespect.

It is more than past time that we stop rewarding this atrocious company with our business. If you need a ride, stop just for a second think about this and the dozens to hundreds of other stories like this one about about Uber, and consider installing Lyft and giving them a shot.

[edit]In fact, why wait? Just do it now. Uninstall Uber and install Lyft (or literally any other "ride sharing" app). Go ahead, I'll wait. There should be an "Uninstall Uber" initiative.

I am so tired of reading about Uber treating customers, drivers, and the cities in which they operate with malicious disrespect.

It is more than past time that we stop rewarding this atrocious company with our business. If you need a ride, stop just for a second think about this and the dozens to hundreds of other stories like this one about about Uber, and consider installing Lyft and giving them a shot.

[edit]In fact, why wait? Just do it now. Uninstall Uber and install Lyft (or literally any other "ride sharing" app). Go ahead, I'll wait. There should be an "Uninstall Uber" initiative.

What makes you think that Lyft is any better? Their business model is fundamentally the same.

I am so tired of reading about Uber treating customers, drivers, and the cities in which they operate with malicious disrespect.

It is more than past time that we stop rewarding this atrocious company with our business. If you need a ride, stop just for a second think about this and the dozens to hundreds of other stories like this one about about Uber, and consider installing Lyft and giving them a shot.

[edit]In fact, why wait? Just do it now. Uninstall Uber and install Lyft (or literally any other "ride sharing" app). Go ahead, I'll wait. There should be an "Uninstall Uber" initiative.

What makes you think that Lyft is any better? Their business model is fundamentally the same.

Business model doesn't dictate the ethics of the people running the company...

I guess if the drivers are independent contractors Uber does would have some cause to claim they were not responsible if they had at least made a good faith effort to contact the driver and cooperate with the police. Instead they provided the police with incorrect information and generally hindered rather than helped.It seems almost certain that the driver just stole the laptop and then disappeared. Uber probably didn't have any way of contacting him or making him give the laptop back. If they had been more helpful and competent in their responses they probably wouldn't have been held legally liable for the contents of the backpack.Of course refusing to take any responsibility for the actions of the drivers whose services they coordinate means that when you take a ride with a Uber driver you are essentially as safe as hopping in a car with a random stranger. Which is a really good reason not to use Uber.

Uber: Using us is just as safe as hopping in a car with a random stranger. Most strangers are nice. Uber's motto is "Evolving the way the world moves". The evolution appears to include some aspects of randomness and natural selection.

I am so tired of reading about Uber treating customers, drivers, and the cities in which they operate with malicious disrespect.

It is more than past time that we stop rewarding this atrocious company with our business. If you need a ride, stop just for a second think about this and the dozens to hundreds of other stories like this one about about Uber, and consider installing Lyft and giving them a shot.

[edit]In fact, why wait? Just do it now. Uninstall Uber and install Lyft (or literally any other "ride sharing" app). Go ahead, I'll wait. There should be an "Uninstall Uber" initiative.

What makes you think that Lyft is any better? Their business model is fundamentally the same.

Same business model, different leadership. Here's just a few stories from Ars.

Uber's OWN INVESTORS blasted the company for fostering a "toxic" culture.Former engineer alleges rampant sexual harassment leading to the firing of 20 employees.Taken to court for possibly stealing Waymo IP by way of LevandowskiCEO Kalanick berates driver.Drivers paid less than $2/hour.Uber under investigation by FTC for privacy violationsFederal probe over regulator avoiding software (Greyball software)Uber president Jeff Jones quits after six months because incompatible beliefs and approach to leadership.Non-stop rape allegations from passengers.Uber exec breaks ethics rule when lobbying in ChicagoUber defied California DMVUber tracks passengers even after ride is over

In a just world, it would be incredibly stupid for someone to steal a backpack by driving away with it, after the transaction involving the backpack includes all of the thief's details. This should have been a slam dunk for the police, but no, investigating a street theft is not worth their time. Too busy shaking down differently colored people and seizing their stuff, probably.

That's the real crime here, that it took a lawsuit to resolve what should have been a simple criminal matter, and the asshat who stole the backpack gets off scot free.

In fact, why wait? Just do it now. Uninstall Uber and install Lyft (or literally any other "ride sharing" app). Go ahead, I'll wait. There should be an "Uninstall Uber" initiative.

There is, or was back in January. It was a response to Kalanick's involvement with the Trump administration and appears to have largely died down, but you're right; it really should be an ongoing thing, given how frequently Uber seems to be in the news for this or that scummy tactic.

I think part of the issue is Uber's method of contacting the driver. I had a similar issue and left many messages for the driver to get back to me. He ultimately contacted me after I harassed Uber saying he would not return my phone calls. He claimed he never got my messages and was emphatic enough that I asked him to try calling his voicemail and let me know if the messages were there. He was shocked to learn they were. He never got notification that I had been calling him. The service Uber uses seems to bypass the phone and go directly to voice mail.Because I use Google Voice, I get notifications of these kinds of things, but apparently standard voice service does not.

I am not in any way absolving the driver in this situation. I am just pointing out a flaw that I have noticed that may have caused this issue to escalate.

I am all for the ride sharing application. I have used it for many years to great affect. I really liked that there were real people behind the wheel, but now that it is all the old taxi drivers taking over because they aren't making any money driving cabs. Except for the improved deployment of drivers (nee cabs) and easier payment option, I don't see any new innovation any more.

Can someone explain to me why Uber has to be so centralized? Can't they merely be a messaging and pay service? Take a percentage of a ride fee, nothing more nothing less. The users and drivers have a simple legal agreement, the driver is responsible for most issues. Drivers get scores,ect driver can pay in for a premium version where Uber,ect can pay for cheaper insurance,ect since they have a larger network.

That seems like a better setup than trying to become a nation wide centralized dynamic cab service.....

Wilcox landed in Boston on December 5, 2016. He was looking forward to getting straight to the Airbnb he'd rented and getting some rest. But then he made a fateful decision—to use the Uber app to get a ride from the airport. It was the first Uber ride he'd ever taken.

what is it with these douches who have to use every trendy "sharing economy" app because reasons? some people act like taxis, shuttles, and hotels just up and evaporated overnight.

When Taxis and shuttles become as inexpensive and customer friendly as Uber and Lyft I'll consider it. Until then Uber and Lyft remain inexpensive and i've always been able to have a nice conversation with the driver. Taxi drivers in my experience have always been standoffish

I am so tired of reading about Uber treating customers, drivers, and the cities in which they operate with malicious disrespect.

It is more than past time that we stop rewarding this atrocious company with our business. If you need a ride, stop just for a second think about this and the dozens to hundreds of other stories like this one about about Uber, and consider installing Lyft and giving them a shot.

[edit]In fact, why wait? Just do it now. Uninstall Uber and install Lyft (or literally any other "ride sharing" app). Go ahead, I'll wait. There should be an "Uninstall Uber" initiative.

I uninstalled it long ago. In our area of town, we use Lyft. We have a couple local Lyft drivers that we coordinate with to both save money and support the driver. Since it's a community wide effort, the drivers are well known and they get constant business.

I am so tired of reading about Uber treating customers, drivers, and the cities in which they operate with malicious disrespect.

It is more than past time that we stop rewarding this atrocious company with our business. If you need a ride, stop just for a second think about this and the dozens to hundreds of other stories like this one about about Uber, and consider installing Lyft and giving them a shot.

[edit]In fact, why wait? Just do it now. Uninstall Uber and install Lyft (or literally any other "ride sharing" app). Go ahead, I'll wait. There should be an "Uninstall Uber" initiative.

I sLyft really any different though? It's my understanding that a lot of drivers are registered with both services. A crappy driver will work for Lyft as much as Uber. Lyfts terms of services aren't really any better. They both have policy of basically washing their hands of whatever the driver does unless someone makes a big enough stink about it. Until these services acknowledge that the drivers are indeed employees working for them bot Uber and Lyft can effectively distance themselves from liability for most cases. So if you really want to be covered call a taxi service. They are more expensive but their is liability their on the services part.

I am so tired of reading about Uber treating customers, drivers, and the cities in which they operate with malicious disrespect.

It is more than past time that we stop rewarding this atrocious company with our business. If you need a ride, stop just for a second think about this and the dozens to hundreds of other stories like this one about about Uber, and consider installing Lyft and giving them a shot.

[edit]In fact, why wait? Just do it now. Uninstall Uber and install Lyft (or literally any other "ride sharing" app). Go ahead, I'll wait. There should be an "Uninstall Uber" initiative.

What makes you think that Lyft is any better? Their business model is fundamentally the same.

Business model doesn't dictate the ethics of the people running the company...

But the ethics of the people often dictate the business model. Uber's core business model is on shaky ethical grounds. While Lyft is "not as shitty", they use the same core business model as Uber.

Can someone explain to me why Uber has to be so centralized? Can't they merely be a messaging and pay service? Take a percentage of a ride fee, nothing more nothing less. The users and drivers have a simple legal agreement, the driver is responsible for most issues. Drivers get scores,ect driver can pay in for a premium version where Uber,ect can pay for cheaper insurance,ect since they have a larger network.

That seems like a better setup than trying to become a nation wide centralized dynamic cab service.....

Yes dumb question time.

What you described is literally what Uber is trying to convince us all they are: merely a booking/payment service and nothing more.

This should have blown up in Uber's face far more than it did. Lucky for them, all the guy wanted was the cost of his stuff back. If he'd gone bigger, Uber would have probably been crucified for failure to cooperate with police, potentially lying to police to impede an investigation, and I'm sure he could have gotten his doctor to testify about the importance of him getting his medicines daily and the danger it posed to him for some nice punitive damages.

I am so tired of reading about Uber treating customers, drivers, and the cities in which they operate with malicious disrespect.

It is more than past time that we stop rewarding this atrocious company with our business. If you need a ride, stop just for a second think about this and the dozens to hundreds of other stories like this one about about Uber, and consider installing Lyft and giving them a shot.

[edit]In fact, why wait? Just do it now. Uninstall Uber and install Lyft (or literally any other "ride sharing" app). Go ahead, I'll wait. There should be an "Uninstall Uber" initiative.

What makes you think that Lyft is any better? Their business model is fundamentally the same.

Business model doesn't dictate the ethics of the people running the company...

No Business model does not dictate it but both these companies leverage a model that is designed to skirt the law at best and outright break it at worst. When your business model was built to break the law and flaunt it you have some devious minds at work and that is reflected in the culture of the organizations.

I am so tired of reading about Uber treating customers, drivers, and the cities in which they operate with malicious disrespect.

It is more than past time that we stop rewarding this atrocious company with our business. If you need a ride, stop just for a second think about this and the dozens to hundreds of other stories like this one about about Uber, and consider installing Lyft and giving them a shot.

[edit]In fact, why wait? Just do it now. Uninstall Uber and install Lyft (or literally any other "ride sharing" app). Go ahead, I'll wait. There should be an "Uninstall Uber" initiative.

What makes you think that Lyft is any better? Their business model is fundamentally the same.

Business model doesn't dictate the ethics of the people running the company...

Except the business models are based around violating existing taxi and labor laws. It certainly appears this thumb the nose at the law attitude is pervasive in Uber's culture. It follows that similar culture would be found in similar businesses. Lyft might only be better for having watched Uber's PR meltdowns.

I travel frequently and have learned to force the driver to get out of the car to help me move things - I never alight until he is out of the car. And heavy things, being less portable, are, in a sense, self-protecting.

I often sit in the cab whilst passing my goods out to the side walk. Using a lock and chain is also useful, so the goods on the side walk and chained to those awaiting removal.

Also, let the driver see you making a note of his particulars, including the tag (plate) number.

Fortunately, I live in a city of roving thieves and have learned most of the tricks they employ.

Good idea. I don't usually have as much stuff as this, so such measures would be overkill for me. But if I've put something in the trunk, I don't close the passenger door until I've retrieved everything from the trunk. And I always do a pocket check (phone, keys, wallet) before closing the door, too.

I started doing this after having to chase a taxi down the street and bang on its trunk to get it to pull back over. The one time I've been glad of heavy traffic.

I think the chances of getting something back from Uber are better than from a random taxi as a general rule. But they're still not good.

Quite frankly, I would have asked the court, in the end, for additional costs related to the litigation in light of Uber's utter uncooperativeness, forcing him to take up a lot of his own time and travel to Boston to court.

I'd have asked the court for probably $4,000 + documented travel expenses + $400/hr (Hey - he's a CEO! Their time is worth a lot!) for the time spent in litigation, plus any attorney's fees he might have encountered.

Quite frankly, I would have asked the court, in the end, for additional costs related to the litigation in light of Uber's utter uncooperativeness, forcing him to take up a lot of his own time and travel to Boston to court.

I'd have asked the court for probably $4,000 + documented travel expenses + $400/hr (Hey - he's a CEO! Their time is worth a lot!) for the time spent in litigation, plus any attorney's fees he might have encountered.

It's small claims court; very restrictive in what can be asked for. Changing it up due to the litigation itself isn't an option, unless you want to make it a standard civil case with lawyers involved on both sides.

Uber had stonewalled Wilcox but emphasized—in court, in phone conversations, and in public statements—that it always cooperates with law enforcement. Yet the police report showed that Uber maintained the ride hadn't even taken place, despite the fact that the police officer had provided the vehicle's license plate number, the driver's name, and the exact time of the ride.

The investigating police officer made multiple visits to the address on record of the vehicle's owner, but no one had answered. Uber, meanwhile, said the driver hadn't worked for them for two years.

Wasn't this a case of "obstruction of justice" when denying to the judge that any of this ever happened?